Privacy Policy and Terms of Use

This Privacy Policy and Terms of Use describes the privacy practices for Arena Investors, LP and its affiliates (Arena) and the terms of use governing this website (Website). This Privacy Policy and Terms of Use sets out your obligations and ours with respect to your use of the Website and, by using the Website, you agree to abide by the terms of this Privacy Policy and Terms of Use.

We may need to change this policy from time to time in order to address new issues and reflect changes on our Website or in the law. We will post those changes here so that you will always know what information we gather, how we might use that information, and when we will disclose that information to third parties. If we make any material changes to this Privacy Policy and Terms of Use, we will post an announcement on the home page of the Website.

BY USING THIS WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TERMS OF USE.

Privacy Policy

As part of our commitment to your privacy, we have written this policy to help you understand what information we gather about you, how we use that information after we’ve gathered it, and when and how we disclose that information.

Information We Collect

Arena collects non-public information (Information) about the users of the Website from the following sources: through the submission of a business proposal and other forms or agreements that you submit to us, from requests for information and from correspondence and other communications that you have with us. The Information that we gather may include your name, address, telephone number, email address, social security number, and information about your income level and/or assets. You may also be asked for additional required or optional Information.

[We may record certain data about your use of the Website so that we may collect information regarding the number and frequency of visitors to the Website, the websites that users access before and after they visit the Website, the Internet browsers used by our visitors and our visitors IP addresses. Such Information is aggregated and will not be tied to you in any personally-identifiable manner other than your IP address. We do not currently use cookies (except to allow access to password-protected portions of the Website) though we may choose to do so in the future.]

How We Use Your Information

The Information you provide to us is used for reasonable business purposes and the purpose for which you provided it, including, without limitation, to respond to your request or correspondence. The Information may also be analyzed so that we can serve you in the best manner possible on our Website through new features and functions and to provide you with useful information from Arena.

We may employ outside agents or third-party service providers to operate the Website and employ others to perform functions on our behalf, such as sending postal mail and e-mail and analyzing data. These third parties have access to personally identifiable information needed to perform their functions. These third parties may not use your Information for any other purpose.

We may disclose your Information to certain third parties if you have requested or authorized the disclosure of the Information, and/or if such disclosure is permitted and/or required by law or to protect the integrity of our services and/or the Website. You hereby authorize us to disclose your Information in those circumstances.

Transfer of Information to Third Parties Upon a Change of Control

We retain the right to transfer all Information pursuant to a merger or to a purchaser of Arena or all or substantially all of our assets if that purchaser agrees to abide by the terms of this Privacy Policy and Terms of Use.

How Your Information Is Protected

We take reasonable precautions to protect your Information from loss, misuse or alteration. We restrict access to your Information to those employees who need to know that Information to provide products or services to you, and we maintain physical, electronic and procedural safeguards for your Information that comply with federal regulations. You should recognize, however, that there is no such thing as perfect security on the Internet.

Links to Third Party Sites

The Website may contain links to sites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any Information.

No Offer of Securities

Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to sell or a solicitation of any offer to buy an interest in any investment fund managed by Arena. Any such offer or solicitation will be made only by means of the Confidential Private Offering Memorandum relating to the particular fund. Access to information about the funds is limited to investors who, among other requirements, either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.

Ownership of Content

All text, images, graphics, sounds and software code (Content) on the Website are copyrighted property of Arena, its affiliates or others. They may only be used for the personal education of visitors to the Website and they may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without our prior written consent.

Trademarks

Arena and other marks indicated on the Website are service marks of Arena or its affiliates. They may not be used or displayed without the prior written consent of Arena. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.

Website Directed at United States Visitors

The Website is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Website may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Website is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Children Under 18

Children are not eligible to use our Website. If you are under 18, you can use this Website only in conjunction with your parents or guardians.

Limitation of Liability

Arena and its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Website and services or resulting from any information or services obtained or messages received or transactions entered into through the Website or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site.

Applicable Law

This Privacy Policy and Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

How You Can Update or Correct Your Information and Contact the Website

You can call Arena at the number provided on our Website or send a message to IR@arenaco.com to update or correct your Information.

Please also contact us at IR@arenaco.com if you have any questions or concerns regarding the Website or this Privacy Policy and Terms of Use.